Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Visa Waiver Agreement and Visa-Free System

■ Visa Exemption Agreement

In cases where foreigners can enter Korea without a visa, there are cases where entry is based on a visa waiver agreement between the two countries and a visa-free entry system is established for the purpose of attracting foreign tourists. It is called the Visa Waiver Agreement under the Immigration Control Act of Korea and the Visa Waiver Program under the Immigration and Nationality Act of the United States.
According to the list of countries that have signed visa waiver agreements with the Ministry of Justice's Immigration Service Headquarters, as of June 2019, 70 countries had signed general passport visa waiver agreements with Korea, most of Europe, including the UK, Germany, and France, as well as Mexico, Brazil, and Chile. This is the case for most countries in South America. Therefore, if a Korean citizen wants to travel to most of the above-mentioned countries in Europe, most of South America, Thailand, Singapore, Malaysia, New Zealand, etc. for a short period of time (usually 90 days), they can enter the country without a visa according to the visa waiver agreement.
On the other hand, even if you are a national of a country that has signed a visa waiver agreement, if you intend to stay in Korea beyond the period of the agreement (usually 90 days) or engage in for-profit activities such as studying abroad, working, performing, or investing, you must enter the country by obtaining a suitable visa from a diplomatic mission abroad. In addition, if there is a concern about illegal stay or employment in Korea or if the purpose of entry does not fit the visa exemption (B-1) residence status, you may be subjected to a detailed examination by immigration officials or denied entry when entering Incheon International Airport.
When a citizen of a country that has signed a visa exemption agreement enters the country, the immigration control official stamps the visa exemption (B-1) residence status and the period of sojourn under the agreement on the passport at the time of immigration inspection. The length of stay stipulated in the visa waiver agreement varies depending on the type of passport (diplomatic passport, official passport, or general passport), such as 3 months, 90 days, or 60 days.


When large-scale immigration occurs due to civil war or foreign exchange situations in one country that has signed a visa waiver agreement or when illegal aliens arise due to economic reasons, the other country must protect its national interests, such as maintaining its own security and public order, to control the entry of nationals of the other country. In Korea, in preparation for such a situation, the Immigration Control Act (Article 7 Paragraph 3) stipulates that “the Minister of Justice may temporarily suspend the application of the visa waiver agreement if deemed necessary for the maintenance of public order or national interest.” Korea temporarily suspended the visa waiver agreement with Bangladesh in July 2008 when the number of illegal immigrants in Bangladesh surged.

■ US Visa Waiver Program
Citizens of countries that have joined the US Visa Waiver Program can enter the US without a visa and stay in the US for a short period (up to 90 days) only for tourism and business purposes. After the September 11, 2001, terrorist attacks, the United States did not allow new applicants, but in July 2007, it revised the bill to raise the visa rejection rate standard from 3% to 10%. As a result, in October 2008, seven countries, including Korea, joined the Visa Waiver Program, and the current number has increased to 38 countries. Citizens of countries that have joined the U.S. Visa Waiver Program can enter the U.S. without a visa and stay for up to 90 days for tourism or business purposes only.
In other words, if a Korean citizen wants to stay in the United States for 90 days for the purpose of tourism or a short-term business trip, he or she can enter the United States without a visa. However, to enter the United States without a visa, after issuing an e-passport, sign up for the US Customs and Border Protection (CBP) Electronic Travel Authorization (ESTA) Internet site, pay a fee of $14 with a credit card, and then travel electronically. Permission must be obtained. Those with an old passport and those who have not received an electronic travel permit are not allowed to enter the country without a visa, so they must visit the US Embassy in Korea to obtain a US visa and leave the country.

■ Visa-Free Entry
Korea operates a visa-free entry system to attract international friendships and foreign tourists. According to the Enforcement Decree of the Immigration Control Act, citizens of countries designated by the Minister of Justice for international friendship, tourism, or the interests of the Republic of Korea are allowed to enter the Republic of Korea without a visa. As of December 2022, 50 countries allow visa-free entry. Immigration inspectors generally grant a period of residence within the range of 30 days to foreigners who enter Korea without a visa for the purpose of passing through tourism or visiting. However, for Canadian citizens, the period of residence is six months, and for citizens of the United States, Japan, Australia, Taiwan, and Hong Kong, the period of residence is 90 days.
Since February 4, 2020, the Korean government has temporarily suspended the visa-free entry system for Chinese nationals to Jeju Island to prevent the spread of the new coronavirus infection that originated in Wuhan, China. Jeju Island's visa-free entry system was introduced in April 2002, when the Jeju Free International City Special Act was enacted to revitalize the local economy by attracting foreign tourists. As a result, all foreigners, except nationals of countries notified by the Minister of Justice, can legally stay on Jeju Island for 30 days without a visa. For reference, the number of visa-free arrivals on Jeju Island increased from 23,400 in 2008 to 813,500 in 2019 (797,300 Chinese tourists accounted for 98%), a more than 35-fold increase in 10 years.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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